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Section 552.103 of the Texas Public Information Act—the “litigation exception”—is a uniquely strange exception to “prompt” disclosure of public information. Generally, it permits a governmental body to withhold information “relating to litigation of a civil or criminal nature” in which the government is, or may become, a party, viewed as of the date a requestor asks for the information.

Q: “How do the new FAA rules on the use of drones affect Texas newspapers? I thought we had a state law that pretty much prohibits use of drones for media photography.”

A: The journalism world celebrated this summer when the Federal Aviation Administration enacted its long-awaited drone rules, clearing the way for the use of unmanned aerial systems (UAS or drones) for newsgathering.

For freedom of speech and the press to thrive in an online world, the First Amendment must continue as the unabated pillar of the right to robust debate on issues of public concern. More comprehensive progress toward First Amendment protection of the news media remains overdue from the Lone Star State's highest court, but the pair of recent opinions gave online journalism conferees a reason to raise a stein of Shiner Bock.

Q: A national company has been selling plaques with miniaturized versions of actual newspaper pages. The plaques are marketed to individuals and businesses that have appeared in the newspaper. Is it a violation of copyright law for the company to sell these plaques?

By JOSEPH R. LARSEN Segwick, LLP
The Texas Supreme Court has given requestors significantly greater leverage in dealing with governmental bodies that utilize requests for ruling to the attorney general as a way to delay release of clearly public information. In its opinion in the case of Kallinen v. City of Houston, the court reversed and remanded the First Court of Appeals’ very problematic decision dismissing a case brought by two attorneys who had sought documents in connection with a study on the City of Houston’s red light cameras.

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About TPA

The association promotes the welfare of Texas newspapers, encourages higher standards of journalism, and plays an important role in protecting the public’s right to know as an advocate of First Amendment liberties.